HEALTH OCCUPATIONS
Tom Killmond, PA-C
Physicians
Sunset Review and Program Evaulation
During the 2005 interim, the Department of Legislative Services (DLS) conducted a full evaluation of the State Board of Physicians in accordance with the Maryland Program Evaluation Act (Sunset Law). Senate Bill 398 and House Bill 121 of 2006 incorporated the majority of the DLS recommendations but ultimately failed. In preparation for the 2007 session, DLS provided an update to the full evaluation which (resulted in the introduction of Senate Bill 255/House Bill 282 both passed). These bills extend the termination date of the board from July 1, 2007, to July 1, 2013, and specify that the next program evaluation of the board will be a full review without the necessity of a preliminary review.
The major components of the bill include:
• Peer Review Services authorizing the board to contract directly with peer reviewers; repealing the requirement for the use of a third peer reviewer in the instance that two peer reviewers do not agree; and requiring the board to report to the General Assembly regarding how often two peer reviewers disagreeing over a complaint results in the dismissal of charges.
• Rehabilitation Services: requiring the board to contract with a nonprofit entity for rehabilitation services or, if unable to contract with a nonprofit entity, for the board to provide the rehabilitation services directly.
• Diversion of Fees: reducing the diversion of physician and physician assistant licensure fees for loan repayment and scholarship funding from 14 percent of fees received to 12 percent.
• Medical Malpractice Settlement Information: repealing the requirement that medical malpractice settlement information be posted as part of a licensee’s online profile and instead requiring the board to provide notification on its web site that settlement information within specified parameters is available upon verbal, electronic, or written request.
• Office of Administrative Hearings: requiring the Chief Administrative Law Judge to designate a pool of administrative law judges (ALJs) to hear board complaints and requiring the board to provide annual training to the ALJs.
Military Health Care Personnel
House Bill 949 (passed) requires the Secretary of Health and Mental Hygiene, with the Governor’s Workforce Investment Board and appropriate health care provider regulatory boards, to identify barriers under the Health Occupations Article to licensing or certifying individuals with training and experience in providing health care through military service that is equivalent to training and experience required for licensure or certification. “This Bill includes MAPA as a consulting organization for this process!”
Nurses
House Bill 445 (passed) adds a registered nurse certified in an advanced practice nursing specialty as a member of the State Board of Nursing and requires the Governor to choose the member from a list of names submitted by various professional organizations in accordance with a rotating list of specialties as set forth in statute.
Social Workers
The scope of practice for social workers was brought into question during discussion on Senate Bill 808 of 2006, Juvenile Law – Competency – Services. The discussion led to an Attorney General letter which provides the opinion that as defined by § 19-101(m) of the Health Occupations Article a certified social worker-clinical cannot diagnose mental retardation.
Senate Bill 723/House Bill 358 (both passed) clarifies the scope of practice for an individual licensed as a certified social worker-clinical to allow the evaluation, diagnosis, and treatment of mental and emotional conditions and impairments. A subsequent Attorney General letter provides the opinion that the language in these bills would permit a social worker to diagnose mental retardation.